For New York and New Jersey businesses, 2013 is slated to be a big year for intellectual property law. In addition to the further implementation of the America Invents Act, several important copyright, trademark, and patent...more
Sorry Bill Simmons, but today we celebrate one of the great modern day records of any American sports franchise. On this day 41 years ago, the Milwaukee Bucks beat the Los Angeles Lakers to end the Lakers 33 game winning...more
If there is one issue which causes sleepless nights for business executives, it has to be data privacy and security. While the laws are still being updated and drafted for new technologies and new threats, businesses need to...more
On December 27, 2012, the US Small Business Administration (SBA) published a final rule to amend regulations governing eligibility for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer...more
The CAN-SPAM act sets legal rules for commercial E-Mail and includes various provisions that apply to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial...more
Internet giant Paypal recently joined Sony, Microsoft, and Netflix to become one of the latest major companies to include a provision banning consumer class actions in its terms of service. Such waivers now frequently appear...more
Technology is central to our daily lives. We rely on it. We embrace it. Many of us can’t live without it. Businesses employ new technology, often as early adopters, in an attempt to increase productivity, stay ahead of the...more
The Second Circuit Court of Appeals recently added to the growing body of case law regarding what constitutes mutual assent in the digital world. It ruled that emailing a purchaser the contract terms and conditions after the...more
Originally published in Law360, New York on October 22, 2012.
On the heels of a recent survey that found that cybersecurity is becoming the primary concern of corporate general counsels and directors, the United States...more
As noted in this recent blog post, in TruePosition, Inc. v. LM Ericsson Telephone Co., No. 11-4574 (E.D. Pa. Oct. 4, 2012), the court held that a Standard Setting Organization (SSO) known as 3GPP may be liable for alleged...more
On September 19, 2012, John D. (Jay) Rockefeller IV, chairman of the United States Senate Committee on Commerce, Science and Transportation, sent a letter to the CEOs of the Fortune 500 companies, urging the recipients to...more
The promise of renewable energy has been partly realized as renewables, including wind and solar, have attracted significant investment over the years and now generate output that comprises a useful contribution to our...more
New guidance defines when electronically held personal data is "beyond use" once deleted.
As part of its mission to assist companies to understand and fulfil their obligations under the UK's Data Protection Act 1998...more
For many businesses with a particular core technology, one path to a wider market and increased revenues can be to “joint venture” with another company which has a complementary technology or other core strength. This can...more
Cloud computing is transforming entire industries by making massive quantities of computing power available to even the smallest companies on a pay-as-you-go, use-what-you-need basis. Like all new technologies, however, the...more
There are many risks involved in dealing with Chinese companies.
We previously discussed The Importance Of China Due Diligence And Corporate Seals.
And we asked the probing question: Is The Era Of Cheap Goods From China...more
"Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce 2013 (published in July 2012; contributing editor:
Robert Bond of Speechly Bircham LLP)....more
As the use of the internet and social media continues to increase rapidly, companies are being challenged to keep up with changing laws and the many ways in which customer and employee data flow in and out of their hands. In...more
Venture investment in healthcare convergence technologies soared in the first half of 2012. According to a recent report from Burrill & Co, digital health, into which they group healthcare IT, mobile health and wireless...more
In a move signaling increased enforcement of the state’s data privacy and security regulations, California’s Attorney General Kamala D. Harris has announced the creation of the Privacy Enforcement and Protection Unit. The...more
Ensuring that key business data survives unexpected events is vital for businesses large and small. That’s why every business should have a plan in place to ensure the availability of its data when manmade or natural...more
Does your board exercise proper oversight over cybersecurity risks? Directors and officers have fiduciary duties to protect the assets of their companies. This obligation covers digital assets, including corporate...more
The market is rapidly growing for insurance that is specifically meant to cover losses arising out of cyber attacks and other privacy and data security breaches. These insurance policies are marketed under names like...more
In Episode 61 of The Wendel Forum (originally aired on May 5, 2012, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Rachel Barge, a partner at...more
The USA Patriot Act probably ranks alongside Sarbanes-Oxley in terms of recognition and fear of US legislation outside the US. It is widely known that this is the means by which FBI can get access to confidential data and the...more
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